TRAUMA SERVICE GROUP v. U.S.

No. 95-5129.

104 F.3d 1321 (1997)

TRAUMA SERVICE GROUP, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 16, 1997.


Attorney(s) appearing for the Case

Ruth E. Ganister, Rosenthal & Ganister, West Chester, PA, argued, for plaintiff-appellant. Of counsel was Glenn L. Blackwell.

Sharon Y. Eubanks, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Jeanne A. Davidson, Assistant Director, and Mary L. Smith, Attorney. Of counsel was R. Alan Miller, Attorney.

Before ARCHER, Chief Judge, MICHEL, and RADER, Circuit Judges.


RADER, Circuit Judge.

Trauma Service Group (TSG) appeals the United States Court of Federal Claims' decision to dismiss its complaint without prejudice. Trauma Service Group, Ltd. v. United States, 33 Fed.Cl. 426 (1995). Defendant, the United States, moved to dismiss plaintiff's complaint for lack of subject matter jurisdiction, RCFC 12(b)(1), for failure to state a claim, RCFC 12(b)(4), or, in the alternative, for summary judgment. Because the trial court...

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